How long does a common law claim take? How long a common law claim takes depends upon how contested the claim is by the other side. A common law claim that is not contested may resolve within the first 120 days after a serious injury application is lodged, for...
WorkCover information for injured workers in Victoria
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The WorkCover common law process
The WorkCover common law process The initiating step in the Victorian WorkCover common law lump sum process is for a serious injury application to be prepared and lodged. You will need to obtain what’s called ‘serious injury certificate’. Once done, then you will be...
All about the WorkCover worker’s response form
All about the WorkCover Worker's Response Form A worker's response form is a single page form that the WorkCover Insurer will send to you if you pursue an impairment benefit lump sum claim. The worker's response form provides the insurer with your written instructions...
When is a WorkCover injury stable in Victoria?
When is a WorkCover injury stable in Victoria? A WorkCover injury is stable when it’s not getting any better, and not getting any worse to any significant extent. WorkCover insurers will in most cases not consider an injury stable until at least twelve months have...
WorkCover and secondary injuries
WorkCover and secondary injuries A WorkCover “secondary injury” is one that is caused by the “primary injury” for which there is an accepted claim by the WorkCover insurer. A person may be entitled to claim no fault WorkCover benefits for a secondary injury, and have...
WorkCover serious injury definition
What is the WorkCover serious injury definition? The term ‘serious injury’ as it relates to WorkCover matters in Victoria is defined in the Workplace Injury Rehabilitation and Compensation Act 2013 and the Accident Compensation Act 1985. The definition of what is a...
How are impairment benefits paid?
How are impairment benefits paid? Impairment benefit lump sums are paid based on a persons whole person impairment rating. A whole person impairment rating is determined by specialised medical assessments. Injuries are assessed in accordance with the American Medical...
When can you claim pain and suffering?
When can you claim pain and suffering under a WorkCover claim? There are two points under a WorkCover claim in Victoria where you can claim for pain and suffering. The first is an impairment lump sum claim and the second is a common law claim. An impairment claim in...
The WorkCover settlement process
The WorkCover settlement process (Vic) This page will look at the WorkCover settlement process in relation to each of the main WorkCover entitlements that a person may claim. Medical and like expenses and weekly payments settlement process If the WorkCover insurer has...
WorkCover claim settled: now what?
WorkCover claim settled: now what? When most people refer to their WorkCover claim having settled, what they’re usually referring to is that they’ve settled a lump sum claim. This article will look at what happens once your claim has settled. Impairment benefit...
Is income protection the same as workers compensation?
Is income protection the same as workers compensation? No. While there are similarities between the two, they are different things. Income protection a type of insurance that will pay you a regular income benefit if you're unable to work because of an injury, illness...
WorkCover claims process flow chart
WorkCover claims process flow chartBelow is a WorkCover claims process flow chart that outlines the WorkCover process in Victoria. On the left, you have the 'no fault entitlements'. These are entitlements can be claimed by a person regardless as to whether there was...
What happens if you can’t return to work after injury?
What happens if you can't return to work after injury? If you are unable to return to work following an injury related to your employment, there's two different scenarios that need to be considered. 1. If you're on WorkCover 2. If you're not on WorkCover. If you're...
When does WorkCover offer a compensation payout?
When does WorkCover offer a compensation payout? WorkCover does not offer a compensation payout just because you have an accepted WorkCover claim. In order to be compensated by way of a lump sum, you need to first have the initial WorkCover claim accepted, and then...
Sick leave or WorkCover?
Sick leave or WorkCover - what should I take? If you suffer a work related injury, you may consider using your sick leave instead of lodging a WorkCover claim if you need time off work. For example, you may wish to do so if you have a significant amount of sick leave...
WorkCover rights Victoria
An outline of your WorkCover rights (Victoria) People on WorkCover often do not known what their rights are. This is understandable, as for many, they’ve never needed to lodge a WorkCover claim before. Here’s a list of your WorkCover rights as an injured employee for...
WorkCover or income protection?
WorkCover or income protection? WorkCover is designed to assist people if they’ve been injured or suffered a condition that has some connection to employment. Income protection is a type of insurance that is designed to pay you a regular benefit if you can’t work...
Compensation for workplace bullying
All about obtaining compensation for workplace bullying in Victoria. Workplace bullying is behaviour that is repeated and unreasonable, and is directed towards a worker or a group of workers, and creates a risk to health and safety. Workplace bullying can occur...
WorkCover payouts for neck injury
WorkCover payout for neck injury If you suffer an injury to your neck at work there are a few different options open to you to pursue compensation. We have covered compensation that relates to medical expenses and income replacement benefits elsewhere. The two types...
Impairment benefit calculator (WorkCover Vic)
Impairment benefit calculator (WorkCover VIC)This calculator will enable you to calculate your impairment benefit lump sum for WorkCover (Vic) matters. Here's how to use the calculator: Step 1 In order to use the calculator, you need to have your overall whole person...
WorkCover payout for back injury
WorkCover payouts for back injuryWhen you injure your back at work there are a number of different compensation options open to you. What we will cover in this article is lump sum compensation. Compensation relating to medical expenses and weekly payments are covered...
WorkCover payout examples
WorkCover payout examples (Vic) Below are some WorkCover payout examples. You can use these examples to get an idea as to what you may be entitled to. Keep in mind that the WorkCover payout examples below are just that - they're examples for illustrative purposes....
All about WorkCover Common law
WorkCover Common law claims What is a WorkCover Common law claim? If you sustained injury during the course of your employment in Victoria, and that injury occurred as a result of someone else’s negligence or contributed to your injury through negligence, then...
All about WorkCover Serious Injury Certificates
All about WorkCover Serious Injury Certificates (Vic) In addition to your no fault WorkCover entitlements of medical and like expenses, weekly payments and an impairment benefit lump sum, in certain circumstances a person may be able to bring a common law claim for...